Thomas C. Bogle
Washington, D.C. +1 202 261 3360
Dechert lawyers know far more than the published regulations and guidance. They advise on the practical scope, interpretation, application and jurisdictional nuances of the rules and the discretion exercised by enforcement authorities such as the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and European regulatory agencies, including the UK Office of Financial Sanctions Implementation (OFSI). Our lawyers help clients with transactions, investments and exports as well as relationships with subsidiaries, employees and third parties who may raise compliance concerns. We provide a clear risk assessment of prohibited activity and commercially viable, legitimate business opportunity.
Our lawyers advise on the requirements of the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State. We also advise on the requirements that apply to “dual use” items under the EU Dual Use Regulation and the EU’s Common Military List, and requirements administered by the UK Department of Business, Innovation & Skills’ Export Control Organization (ECO) and other authorities in individual EU Member States.
The team works with companies across borders to create and implement risk-based anti-corruption compliance programs that detect and prevent violations of the Foreign Corrupt Practices Act (FCPA), UK Bribery Act and similar laws elsewhere in the world. Our lawyers counsel compliance officers, senior management, audit committees and boards of directors on sensitive matters including voluntary disclosure, discipline of employees and remediation.
Team members represent clients in internal and government investigations involving corruption, commercial bribery, bribery of foreign government officials and violations of local laws in Europe, North and South America, Asia, Africa and the Middle East. We also have experience with multilateral development bank anti-corruption investigations, audits and sanctions proceedings. We coordinate multi-jurisdictional and parallel investigations.
Dechert lawyers advise on anti-money laundering litigation and enforcement matters before U.S. federal and state courts, and in administrative proceedings brought by the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN), Financial Industry Regulatory Authority (FINRA) and U.S. federal financial regulators. Our team also represents UK and EU clients before UK and European financial regulatory authorities and works with Dechert’s cross-border investigations white collar defense group when clients face investigations and criminal prosecution. Team members serve as representatives to the Bank Secrecy Act Advisory Group, as Skilled Persons in anti-money laundering inquiries and reviews for the UK Financial Conduct Authority (FCA) and as representatives to the global funds industry in Paris before the Financial Action Task Force (FATF).
Customs procedures are highly specialized and technical. Our lawyers advise on the:
In the United States, the Committee on Foreign Investment (CFIUS) is authorized to review foreign investment in a U.S. business that may affect U.S. national security. It is essential to consider CFIUS implications of a transaction early to prevent the transaction’s delay or collapse. Our lawyers advise foreign and domestic buyers, sellers and third parties on the CFIUS review process and similar FDI national security review processes imposed by governments in Europe, Asia and around the world. We advise regarding deal structure and deal terms; we help determine whether to bring a transaction before regulatory authorities; we assemble the required information and materials for a filing; and, as appropriate and necessary, we negotiate mitigation terms and national security agreements. We also advise on strategies to address political and policy considerations.
The team supports trade negotiations between the EU, UK and third country governments, with particular emphasis on the Brexit negotiations between the EU and the UK. Clients rely on Dechert to:
Antidumping and Countervailing Duties, Safeguards, China Tariffs and Other Import Restrictions
Dechert helps clients navigate the complex regulatory rules affecting their global business operations. Our team has helped governments, exporters, manufacturers and importers navigate trade remedy actions.
Our work covers:
The U.S. government prohibits cooperation with foreign boycotts of countries friendly to the United States. The complex rules apply not only to U.S. companies and individuals but also to foreign affiliates doing business in the Middle East and elsewhere. The team advises clients on substantive prohibitions and exceptions, related tax implications and reporting obligations. We perform internal compliance reviews, help draft voluntary disclosures and represent clients before government enforcement proceedings.
We regularly advise clients with respect to suspension and debarment proceedings before U.S. government agencies and international financial institutions (IFIs). We assist clients in improving compliance policies, demonstrating present responsibility, and negotiating settlement agreements with government suspension and debarment officials.